Overview:

• Parties Involved: Plaintiff, Audrianna A. Ramlingum; Defendants, John Doe (unidentified driver) and Co-Operators General Insurance Company.
• Context: Plaintiff sought to amend her claim to proceed under the simplified procedure, requiring striking of the defendant’s jury notice.
• Key Dates:
  • Accident occurred: October 6, 2018.
  • Claim filed: May 25, 2020 (ordinary procedure, $1,000,000 damages).
  • Amended claim: Reduced to $200,000 under simplified procedure rules.

Key Issues:

1. Trial Length: Simplified procedure limits trials to five days.

   • Plaintiff argued a five-day trial was feasible, agreeing to call limited witnesses.
   • Defendant argued more time was required, estimating a minimum of 8-15 days.
   • Court ruled the trial could be completed in five days with proper management.

2. Right to Jury Trial:

   • Defendant opposed striking the jury notice, claiming prejudice and reliance on a jury trial strategy.
   • Court held there was no significant disadvantage to proceeding judge-alone, emphasizing fairness, proportionality, and efficiency.

Court Decision:

• Motion Granted: Case to proceed under the simplified procedure.
• Jury Notice Struck: Court exercised discretion to strike it, finding no non-compensable prejudice to the defendant.

Costs:

• Plaintiff awarded $6,500 in costs, considering fairness and reasonable expectations.

Final Orders:

1. Plaintiff’s motion granted to proceed under the simplified procedure.
2. Jury notice struck.
3. Defendant to pay $6,500 in costs within 30 days.